HomeMy WebLinkAboutRES 19-7210 (ORGANIC WASTE RECYCLING PROGRAM)2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 19-7210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH APPROVING AN ORGANIC WASTE RECYCLING PROGRAM
FOR HERMOSA BEACH BUSINESSES AND RESIDENTS AND
AUTHORIZING THE COLLECTION OF ADDITIONAL FEES IN ORDER
TO IMPLEMENT AN ORGANIC WASTE RECYCLING PROGRAM
SECTION 1. RECITALS
1. Assembly Bill (AS) 1826 was signed into law on September 28, 2014, and requires
businesses, including restaurants; supermarkets; large venues; and food processors, that
generate a specified amount of organic waste, specifically food waste, per week to arrange for
recycling services for that organic waste in a specified manner beginning April 1, 2016; and
2. AB 1826 defines a "business" as a commercial or public entity, including, but not
limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association
that is organized as a for -profit or nonprofit entity, or a multifamily residential dwelling of 5
units or more; and
3. "Organic Waste" is defined as food waste, green waste, landscape and pruning
waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in with food
waste; and
4. AB 1826 requires that jurisdictions implement an organics recycling program for
businesses by January 1, 2016, that includes education, outreach, and monitoring activities and
reporting annually to the Department of Resources Recycling and Recovery (CalRecycle); and
5. SB 1826 requires that jurisdictions implement an organics recycling program for
businesses by January 1, 2016, that includes education, outreach, and monitoring activities and
reporting annually to the Department of Resources Recycling and Recovery (CalRecycle); and
6. In2016 the State of California enacted SB 1383 (Lara, Chapter 395, Statues of
2016), establishing methane emissions reduction targets, to be achieved via even greater
diversion of organics from landfills, in a statewide effort to reduce emissions of short-lived
climate pollutants; and
7. The City's existing franchise agreement with Athens Services contemplates
requiring an organic waste recycling program and the City has worked with Athens Services to
Page 1 of 5
19-7210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
develop a new organic waste recycling program for both businesses and residential customers;
and
8. The organic waste recycling program will divert food waste, green waste, landscape
and pruning waste, nonhazardous wood waste, and food -soiled paper waste that is mixed in
with food waste from the landfill to a green cart and will be hauled to Athens' owned
American Organics facility in Victorville, California, for composting; and
9. The current level of solid waste collection and disposal service rates is insufficient
to recover the total costs of providing the organic waste recycling program; and
10. The City proposes to collect additional fees in the amount necessary to implement
the organic waste recycling program; and
11. The City Council finds, with respect to the revenue derived from the additional fees,
that (1) there is a reasonable relationship between the fees and the services for which they are
imposed; (2) the revenue derived from the increased fees does not exceed the amount necessary
to provide the services;
(3) the increased fees shall not be used for any purpose other than that for which the fees are
imposed;
(4) the increased fees do not exceed the proportional cost of the services attributable to each
parcel served; and (5) the increased fees are not levied for general governmental purposes; and
12. Pursuant to California Proposition 218 (California Constitution Article XIIID,
Section 6), at least 45 days prior to the hearing on this Resolution, the City has mailed, postage
prepaid, a notice of the public hearing on the proposed solid waste rate increase to the property
owner of each identified parcel upon which the increased rates are being proposed, and
13. Said notice identified: (1) the amount of the additional fees to be charged; (2) the
basis upon which the fees were calculated; (3) the reason for the fees; and (4) the date, time,
and location for the public hearing on the fees; and
14. On September 10, 2019, the City Council conducted a duly noticed public hearing
at which time all those wishing to be heard were afforded an opportunity to be heard, and at
which time the City Council considered any and all written protests concerning the proposed
organic waste recycling program fees; and
15. All other prerequisites to the adoption of this Resolution have occurred.
Page 2 of 5
19-7210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The following fee increases, as set forth in Exhibit "A" (attached hereto and
incorporated by reference herein) are hereby approved and adopted by the City
Council; an increase of 2.41 % in residential rates for single-family and multi-
family accounts with 4 or less units on all carts (trash, blue recycling and green
organic waste, with a green cart to be made available to all customers); and across
the board increase for commercial and multi -family (with 5 or more units) of
27.46%.
SECTION 2. Pursuant to Government Code section 53756, an Annual Rate Adjustment will
be applied, limited to the weighted change in the Bureau of Labor Statistics
indices shown in the table below, capped at no more than a 5% increase in any
one year. If approved, these rates, charges and adjustments will be effective
October 1, 2019, and the annual adjustment will be applied July 1 of each year,
ending June 30, 2021 and subject to a two-year extension.
Cost Category
Rate Adjustment Factor
Labor
Employment Cost Index CIU20100005200000I, Total
compensation, Private industry, Index number,
Transportation and material moving
Fuel
Producer Price Index WPU 0531, Not seasonally adjusted, Fuels
and related products and power, natural gas
Equipment
Producer Price Index, PCU336120336120, Heavy duty truck
manufacturing
Processing/Disposal
Consumer Price Index for All Urban Consumers
(CUUROOOOSAOLIE), all items less food and
energy index -U.S. city average or 5%, whichever
is lower
All Other
Consumer Price Index for All Urban Consumers
(CUUROOOOSAOLIE), all items less food and
energy index -U.S. city average
The automatic adjustments authorized by this Section 2 may be implemented by
the City during the time frame provided, without complying with the notice,
hearing and majority protest procedures provided in Proposition 218. However,
Page 3 of 5
19-7210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the City shall provide property owners written notice thirty (30) days prior to
implementing any increase in accordance with Government Code Section 53756.
At no time may an automatic adjustment exceed the cost of providing the solid
waste services.
SECTION 3. The new fees proposed will be effective upon completion of an education and
outreach campaign to Hermosa Beach businesses and residents for a minimum
of four weeks from the date of adoption of this resolution.
SECTION 4. Pursuant to Section 21080(b)(8) of the Public Resources Code, and Section
15273(a) of the Guidelines for the Implementation of the California
Environmental Quality Act ("CEQA"), review under CEQA is not required
because the City Council action increasing solid waste service rates is for the
purpose of (i) meeting solid waste collection and disposal operating expenses due
to a new organic waste recycling program, (ii) purchasing or leasing supplies,
equipment, or materials for the solid waste collection and disposal services and
a new organic waste recycling program, and (iii) obtaining funds for capital
projects necessary to maintain solid waste collection and disposal service. This
action is also exempt pursuant to Sections 15061(b)(3) and 15378(b)(4) of the
CEQA Guidelines because it involves the creation of a government funding
mechanism that does not involve any commitment to any specific project which
may result in a potentially significant physical impact on the environment. This
action is also exempt pursuant to Sections 15307 and 15308 of the CEQA
Guidelines because the organic waste recycling program will assure the
maintenance, restoration, enhancement, or protection of a natural resource or the
environment by reducing methane emissions via diversion of organic waste from
landfills.
SECTION 5. The City Manager shall have the authority to interpret the
provisions of this Resolution for purposes of resolving ambiguities.
SECTION 6. This Resolution shall take effect immediately. The City Clerk shall certify
to the passage and adoption of this Resolution; shall cause the original of the same to be entered
among the original resolutions of the City Council; shall make a minute of the passage and
Page 4 of 5
19-7210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
adoption thereof in the minutes of the City Council meeting at which the same is passed and
adopted; and shall transmit a copy of this Resolution to the Applicant.
PASSED, APPROVED AND ADOPTED this loth day of September 2019.
MAYOR of the
ATTEST:
4
City Clerk
Beach, California
APPROVED AS TO FORM:
City Attorney
Page 5 of 5
19-7210
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Carol Cowley, Interim City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 19-7210 was duly and regularly passed,
approved, and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on September 10, 2019 by the following
vote.
AYES:
Campbell, Duclos, Fangary, Massey, Mayor Armato
NOES:
None
ABSENT:
None
ABSTAIN:
None
Dated: September 10, 2019
L oavl-
Carol Cowle , Interim Depuy City Clerk